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2010 (2) TMI 690 - AT - Income TaxSearch and seizure - there can be three situations for making an assessment under section 153A, i.e., firstly, the reassessment of all completed assessments falling under the period of six assessment years; secondly, there could be pending assessment or reassessment of any assessment year falling in such period and in that case, such pending assessment shall abate and the assessee would be required to file a fresh return under section 153A and assessment or reassessment of such year shall be done under section 153A; thirdly, assessment for the year in which search is conducted (which has been disputed in the present appeal) - in case, any notice under section 153A is issued in case of such previous year, the same should be construed as issued under section 142(1) as the scope object of these two provisions on the aspect of requiring the assessee to file the return is same - Thus CIT(A) was not correct in law in holding that assessment for the previous year in which search took place or requisition was made had to be completed under the normal provisions of the Act In the present case, notice under section 143(2) has been issued on 6-3-2006 alter issue of notice under section 153A was issued , and in response to which the assessee vide its letter dated 12-11-2005 has stated that return of income for assessment year 2004-05, filed under section 139 of the Income-tax Act, 1961 filed on 1-11-2004 could be treated as return filed in response to notice under section 153A - t condition of time limit for service of notice under section 143(2) shall also apply to assessment/reassessment proceedings contemplated under section 153A and it would start from the end of the month in which return is filed in response to notice issued under section 153A/142(1) and, in case, no such notice has been issued, then, it shall be construed from the end of month in which return was filed - In the result, the appeal filed by the Revenue stand’s allowed
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